David Gollancz, Partner, Field Fisher Waterhouse LLP:

On 9 June 2009, two judgments were handed down on the application of the procurement rules to co-operation between contracting authorities for apparently commercial purposes.

One was the decision of the European Court of Justice (ECJ) in Commission v Federal Republic of Germany (Stadtreinigung Hamburg), and the other, the judgment of the Court of Appeal in Brent London Borough Council v Risk Management Partners (RMP).

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PLC Public Sector reports:

When is a contract “environmental” information? Should schools allow parents to take photographs at school sports days? Which authority is responsible for a SEN statement, the authority that looks after the child or the one where he or she lives? 

The answers to these questions and many more are revealed in this week’s recommended actions.

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PLC Public Sector reports:

Make sure your “to do” list is complete by reviewing our list of recommended actions based on this week’s email.  With key developments on the right to holiday pay, recruitment questionnaires, FOI and the retention of employment model, there is sure to be something that you need to know.

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PLC Public Sector reports:

Are you constantly asked the same question by client departments? Do you find yourself looking up the answer to the same question time after time? 

Following on from the launch of our schools hotline service, PLC Public Sector is compiling a list of frequently asked questions about procurement law and practice. 

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PLC Public Sector reports:

There are suggested actions for lawyers advising on areas such as public procurement, freedom of information, section 106 agreements and education to name just a few.

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PLC Public Sector reports:

In long, drawn-out contractual negotiations, a great deal of time is, rightly, focused on what happens if things go wrong.  For any major public service contract there is likely to be a complex service credit regime, with numerous complicated formulas.  If a contractor finds themselves on the wrong side of one of these formulas, they will either have to pay back money to the authority or only be entitled to a reduced payment for the services they have provided.

This finance-driven model works well in the private sector and undoubtedly has its place in some public sector contracts.  However, in this post PLC Public Sector asks if more thought needs to be given in public sector contracts to tailoring a more appropriate remedy.

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PLC Public Sector reports:

Freedom of information, school applications, direct payments and planning policies all feature in this week’s recommended actions. 

Not only that, but we also have news of some new PLC materials that lawyers can use to raise legal awareness in their client departments.

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PLC Public Sector reports:

A recurring message coming from the Government is that communities (and therefore local authorities) need to be at the forefront of helping people to combat the effects of the recession.  Whether it be opening up empty shops to the public to save the high street or creating new city-regions, the Government has promoted a range of initiatives under the banner of decentralisation.

However, the Government’s response to an idea imported from the USA with high profile local authority and private sector support may give a more accurate indication of how flexible the Government is willing to be.

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PLC Public Sector reports:

In the coming months education lawyers up and down the country will have one eye on developments in Harrow.  A recent survey found that 50 local authorities withdrew 162 school places this year as a result of so called school application fraud.  No doubt each withdrawal was accompanied by a suitably worded ”slap on the wrists” letter.  However, the London Borough of Harrow has gone one step further.  

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